Once A Citizen Has Been Conferred A Degree, It Would Be Valid All Over India & Has To Be Recognised By All Institutions: Karnataka HC

Once A Citizen Has Been Conferred A Degree, It Would Be Valid All Over India & Has To Be Recognised By All Institutions: Karnataka HC

Mustafa Plumber

11 Feb 2025 4:51 PM

The Karnataka High Court has declared that the Kerala State or State Nursing Council cannot seek to deny registration of a Karnataka graduate in BSc Nursing, on the ground that the said student has not graduated from a college within the state.

A single judge, Justice Suraj Govindaraj held thus while allowing a petition filed by two natives of Kerala who completed their nursing course in Karnataka but were denied registration by the State Council in Kerala for want of a certificate from the Indian Nursing Council.

The bench said, “Once a citizen of India is qualified and has been conferred a degree, that degree would be valid across the country, which has to be recognized by every institution.”

Following this it directed the Kerala Nurses and Midwives Council to register the petitioners---Daniya Joy and Neethu Baby and any other graduate holding a degree in Nursing, so as to enable them to practice the profession of nursing in the state of Kerala.

The court also declared that Kerala State Council cannot insist on the grant of any recognition from the 'Indian Nursing Council', suitability or otherwise, in respect of the college nor is there any requirement for a graduate of nursing to have registered under any other state council, before seeking for registration in the state of Kerala.

Petitioners had made an application to the Kerala Nurses and Midwives Council, for registering themselves. In response the council, called upon them to submit their INC (Indian Nursing Council) registration/affiliation of the Nursing Institution from where they had completed their education in B.Sc. Nursing.

The Kerala Council defended its action contending that the petitioners are residing in Kerala. The relief is being sought for against the Kerala Nursing Council, and therefore this Court would not have jurisdiction.

Referring to Section 21 of the Kerala Nurses and Midwives Act, 1953, it was submitted that registration is mandatory to practice/engage in the profession of nursing in the State of Kerala. Without such registration, no such permission can be granted, nor would any person be entitled to practice the profession of nursing in the State of Kerala.

Referring to Section 13 of the Indian Nursing Council Act 1947, it was said that it provides for issuing a suitability certificate. It was claimed that this was the reason why it sought for the production of such a certificate.

Findings:

Firstly the bench rejected the ground raised about maintainability of the petition by saying “Petitioners having studied in the state of Karnataka and the degree being that issued by a university situated within the state of Karnataka, this court would have jurisdiction.”

Then referring to Sections 13 and 14 of the Indian Nursing Council Act, the court held “There is no mandate under the Indian Nursing Council for a college involved in the field of education in nursing to seek and obtain registration from INC for the purpose of carrying out its activities. There being no requirement for registration with the INC, nor any procedure being provided for under the Indian Nursing Council Act for registration, the question of the second respondent insisting upon Petitioner No.1 and 2 to produce such registration certificate from the INC in respect of Petitioner No.3 does not arise.”

Further, it clarified that the aspect of suitability certificate would arise only if any complaints are filed requiring inspection by the Central Council, and the suitability report would be forwarded to the State Council for action on deficiencies, if any. The inspection for suitability also does not confer any recognition or registration to any college.

The court opined, “India is one single country with one single citizenship. Though a person may be domiciled anywhere, the citizenship remains one and the same. There is no restriction of the movement of any citizen of India from one State to another..No law can bind a person to a particular State, or mandate that a person can only work in the State where he or she has obtained his or her education. Narrow parochial views like these must be avoided and it is required to be held that a citizen of the country having a fundamental right to practice any trade or profession, such a person would be permitted to practice their trade or profession anywhere in the country.”

Noting that petitioners are residents of Kerala. They came to a college in the State of Karnataka for education, obtained their degrees in Karnataka and when they wanted to go back to work in the State in which they were born, the authorities in the State refused to register them as nurses.

The court said, “This, in my considered opinion, is a dis-service done by the 2nd respondent for persons born within its own State, to say the least.”

Stating that a State Nursing Council and the State Government, which recognises a college, issues a certificate through that University to which the said college is affiliated to, such a degree conferred on such a student is valid across the country.

The court said, “The degree being recognized across the whole of the country, a citizen of the country cannot be restricted in terms of practicing that trade or profession, when such a degree entitles that person to practice in the trade or profession in the entire country.”

It added “By contending that the degree is not conferred by the State, or by the State Council, or by the University within that particular State, a citizen of the country cannot be stopped from practicing such trade or profession in that State.”

Finally the court held “There would be no requirement for any separate arrangement between the Nursing Councils of one State and another State to arrive at reciprocity. The concept of reciprocity is unnecessary because of the recognition of the degree being nationwide, any Nursing Council across the country would have to consider and act upon a degree conferred in another State, on account of the education being completed in a college recognized by the Nursing Council of that State.”

Accordingly it allowed the petition.

Appearance: Advocate Nitin A.M, for the petitioners,

Advocate Shivarudra, for R1.

Advocate Siji Malayil, for respondent No.2.

Advocate Jyoti M. Maradi, for respondent No.3.

Citation No: 2025 LiveLaw (Kar) 55

Case Title: Daniya Joy & Others AND The Indian Nursing Council & Others

Case No: WRIT PETITION NO. 28043 OF 2024